Constitutional Law & Writs Precedents Digest
Binding Supreme Court Constitution Bench rulings on Article 21 personal liberty & speedy trial, Article 14 equality & arbitrariness, basic structure doctrine, electoral democracy, and Article 32/226 writ remedies.
ADR v. Union of India (Electoral Bonds)
Unanimous 5-Judge Bench striking down the Electoral Bonds Scheme and corporate funding deregulations as violative of the voter's right to information.
High Court Bar Association, Allahabad v. State of U.P.
5-Judge Constitution Bench overrules Asian Resurfacing; holds that interim stay orders granted by High Courts cannot automatically lapse after six months.
Anoop Baranwal v. Union of India
Unanimous 5-Judge Constitution Bench mandating an independent selection committee comprising PM, LoP, and CJI to preserve electoral democracy and rule of law.
In Re: Interplay (Arbitration & Stamp Act)
Unanimous 7-Judge Constitution Bench ruling that non-stamping does not render arbitration agreements void, restricting Section 8/11 review to existence.
Kaushal Kishor v. State of U.P.
Constitution Bench ruling that fundamental rights under Articles 19 and 21 are enforceable against private entities, and speech grounds in 19(2) cannot be judicially expanded.
Supriyo v. Union of India (Marriage Equality)
Ruling no fundamental right to marry under Part III and leaving marriage reform to Parliament, while affirming the right to be free from discrimination.
Vivek Narayan Sharma (Demonetisation)
5-Judge Constitution Bench applying the 4-prong proportionality test to uphold currency demonetisation under Section 26(2) of the RBI Act.
Anuradha Bhasin v. Union of India
Declaring freedom of speech and trade over internet fundamental rights under Article 19, ruling indefinite internet shutdowns illegal.
Arnab Manoranjan Goswami v. State of Maharashtra
Landmark Supreme Court ruling on personal liberty: High Courts have duty under Article 226 and Section 482 CrPC to prevent misuse of criminal law and grant interim bail where no prima facie offence exists.
M. Siddiq v. Mahant Suresh Das (Ayodhya)
Unanimous 5-Judge Bench settling the Ayodhya dispute on possessory proof; awarding land for temple and directing 5-acre allotment for mosque under Article 142.
Swiss Ribbons v. Union of India
Seminal ruling upholding the constitutional validity of the Insolvency and Bankruptcy Code 2016, Section 29A, and CoC primacy.
Common Cause v. Union of India
Legalizing passive euthanasia and recognizing Advance Medical Directives (Living Wills) as an intrinsic facet of the right to live with dignity under Article 21.
Indian Young Lawyers Assn. (Sabarimala)
Striking down the ban on women aged 10–50 entering Sabarimala Temple; holding physiological biological factors cannot justify religious exclusion.
Justice K.S. Puttaswamy v. Union of India
Unanimous 9-Judge Bench declaring Right to Privacy a Fundamental Right under Article 21, establishing 4-pronged proportionality test.
Shayara Bano v. Union of India
Declaring instant Triple Talaq unconstitutional and establishing the landmark doctrine of Manifest Arbitrariness under Article 14.
Supreme Court AOR Ass'n (NJAC)
Historic 5-Judge Bench invalidating the 99th Constitutional Amendment and NJAC Act, ruling judicial independence an inviolable basic structure facet.
Shreya Singhal v. Union of India
Striking down Section 66A IT Act for vagueness and chilling effect; establishing the tripartite distinction between discussion, advocacy, and incitement.
Lily Thomas v. Union of India
Striking down Section 8(4) of the Representation of the People Act, 1951; mandating that sitting MPs and MLAs convicted of criminal offences stand disqualified instantaneously upon conviction.
Selvi v. State of Karnataka
Landmark 3-Judge Bench declaring involuntary narco-analysis, polygraph, and BEAP tests unconstitutional under Articles 20(3) and 21, establishing cognitive mental privacy.
I.R. Coelho v. State of Tamil Nadu
Holding that laws inserted into Ninth Schedule on or after April 24, 1973 are subject to Basic Structure judicial review under the Rights Test.
Prakash Singh v. Union of India
Historic judgment issuing seven binding directives under Articles 32 and 142 to insulate police forces from political interference and separate law and order from investigation.
T.M.A. Pai Foundation v. State of Karnataka
Magisterial 11-Judge Bench establishing operational autonomy for private unaided colleges under Article 19(1)(g) and state-wise determination of minorities.
Danial Latifi v. Union of India
5-Judge Constitution Bench upholding the 1986 Act by interpreting Section 3(1)(a) to mandate reasonable and fair provision for the divorced wife's lifetime.
Vineet Narain v. Union of India
Seminal 3-Judge Bench formalising the doctrine of continuing mandamus, striking down the Single Directive, and conferring statutory autonomy upon the CVC and CBI.
Vishaka v. State of Rajasthan
Workplace sexual harassment violates Articles 14, 19, and 21; applying CEDAW under Article 51(c) to lay down binding national guidelines.
S.R. Bommai v. Union of India
Holding Secularism and Federalism to be Basic Structure; subjecting Article 356 to strict judicial review and barring premature assembly dissolutions.
Sanjay Dutt v. State through CBI
Constitution Bench rules that the indefeasible right to default bail under Section 167(2) CrPC accrues upon expiry of statutory period, but must be availed before chargesheet is filed.
Indira Sawhney v. Union of India
Landmark 9-Judge Bench upholding 27% OBC quota, establishing 50% reservation ceiling, creamy layer exclusion, and barring promotional quotas.
M.C. Mehta v. Union of India
Originating the Absolute Liability doctrine for hazardous enterprises with no exceptions, expanding Article 32 compensatory remedy powers.
Mohd. Ahmed Khan v. Shah Bano Begum
5-Judge Constitution Bench holding Section 125 CrPC is a secular welfare provision overriding personal laws to prevent destitution of divorced wives.
Olga Tellis v. Bombay Municipal Corp.
5-Judge Constitution Bench ruling that the Right to Life under Article 21 includes the Right to Livelihood, mandating procedural fairness before evictions.
Bandhua Mukti Morcha v. Union of India
Landmark PIL expanding Article 21 to human dignity, creating epistolary jurisdiction and socio-legal inquiry commissions to eradicate bonded labour.
S.P. Gupta v. Union of India
Foundational 7-Judge Bench establishing the PIL locus standi charter, the right to information under Article 19(1)(a), and narrowing state privilege.
Minerva Mills Ltd. v. Union of India
Invalidating Sections 4 and 55 of the 42nd Amendment; Parliament cannot turn a limited amending power under Article 368 into an absolute power.
Hussainara Khatoon v. State of Bihar
Foundational PIL establishing speedy trial and free legal aid as fundamental rights under Article 21, directing mass release of languishing undertrials.
Maneka Gandhi v. Union of India
Establishing the Golden Triangle of Articles 14, 19, and 21; procedure under Article 21 must be just, fair, and reasonable.
Nandini Satpathy v. P.L. Dani
Article 20(3) privilege against self-incrimination and Section 161(2) CrPC right to silence extend to suspect interrogation and police investigations.
Indira Nehru Gandhi v. Raj Narain
First application of Basic Structure doctrine to strike down Article 329A(4); holding Free & Fair Elections and Rule of Law unamendable.
Kesavananda Bharati v. State of Kerala
Historic 13-Judge Bench ruling that Parliament cannot alter or destroy the Basic Structure of the Constitution under Article 368.
R.C. Cooper v. Union of India
Landmark 11-Judge Bench establishing the Direct Effect test, overruling Gopalan's silo doctrine, and laying the Golden Triangle foundation.
State of Bombay v. Kathi Kalu Oghad
Historic 11-Judge Bench ruling holding that compelling an accused to give handwriting specimens, thumb impressions, or body measurements does not violate Article 20(3) self-incrimination.
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